MEMBERS LOUANN VAN DERWIELE CHAIRPERSON LAWRENCE G. CAMPBELL
VICE-CHAIRPERSON DULCE M. FULLER
SECRETARY ROSALIND E. GRIFFIN. M.D. MICHAEL MURRAY JAMES A. FINK JOHN W. INHULSEN JONATHAN E. LAUDERBACH BARBARA WILLIAMS FORNEY
STATE OF MICHIGAN ATTORNEY DISCIPLINE BOARD
211 WEST FORT STREET. SUITE 1410 DETROIT, MICHIGAN 48226-3236 PHONE: 313-963-5553 I FAX: 313-963-5571
MARK A. ARMITAGE EXECUTIVE DIRECTOR WENDY A. NEELEY DEPUTY DIRECTOR SHERRY L. MIFSUD OFFICE ADMINISTRA TOR JENNIFER M. PETTY PARALEGAL ALLY SON M. PLOURDE CASE MANAGER JULIE M. LOISELLE RECEPTIONISTISECRETARY
www.adbmich.org
NOTICE OF SUSPENSION AND RESTITUTION Case No. 15-54-GA Notice Issued: May 17,2016 Brian R. Wutz, P 66897, Burns, Tennessee, by the Attorney Discipline Board Tri-County Hearing Panel #6.
1. Suspension - 180 Days 2. Effective May 14, 2016 Respondent was in default for failing to file an answer to the formal complaint and failed to appear at the first hearing. Respondent's counsel filed a motion to set aside the default which was denied. Respondent did appear at the sanction hearing.
Based on respondent's default, the hearing panel found that he failed to seek the lawful objectives of his clients through reasonably available means permitted by law and the rules of professional conduct, in violation of MRPC 1.2(a); failed to act with reasonable diligence and promptness in representing his clients, in violation of MRPC 1.3; failed to communicate with his clients regarding the status of their legal matters, in violation of MRPC 1.4(a); failed to communicate with his clients to the extent reasonably necessary to permit his clients to make informed decisions regarding their representation, in violation of MRPC 1.4(b); failed to communicate the basis or rate of the fee to his clients, in violation of MRPC 1.5(b); failed to deposit the advance payment of fees in a client trust account, in violation of MRPC 1.15(g); failed to promptly render a full accounting upon his clients' requests, in violation of MRPC 1.15(b )(3); failed to maintain the advance payment of fees in a client trust account until the fees were earned or expenses were incurred, in violation of MRPC 1.15(g); failed to refund the unearned portion of the advance payment of fees and surrender papers and property to which his clients were entitled, in violation of MRPC 1.16(d); failed to answer requests for investigation, in violation of MCR 9.104(7), MCR 9.113(A); and MCR 9.113 (B)(2); and, engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation, in violation of MRPC 8.4(b). The panel further found that respondent violated MRPC 8.4(c) and MCR 9.104(1)-(3).
The hearing panel ordered that respondent's license to practice law in Michigan be suspended for 180 days and that he pay restitution in the aggregate amount of $11 ,500.00. Costs were assessed in the amount of $2,351.61.
Mark A. Armitage MAY 17 2816 Dated: ________